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(영문) 부산지방법원 동부지원 2018.11.07 2018고단1635
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 49) are those who were related to North Korean defectors.

On July 17, 2018, the Defendant, at around 23:00 on July 23:0, 2018, carried with the victim's house located in the Busan metropolitan apartment, with excessive and food blades located in the main bank on the ground that the Defendant is suspected of the Defendant, and placed them on the floor by putting them down on the floor by breathing the victim's epibbage.

“A person who was killed in North Korea during a period of 10 years from the beginning to the beginning of his house while making the word “Abreging him to the head of his house,” and later, the person who was killed in North Korea from the beginning of his house was cut to the neck of the damaged person and on the breast part of his house.”

Accordingly, the defendant carried a dangerous article in excess of the victim's right to use it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The first offender is the first offender, the agreement is reached with the victim, the fact that the defendant's age, sex, environment, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as the same as the order, comprehensively taking into account various sentencing conditions in the trial process of this case, including the following:

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